File No. 812.0441/1.

The American Consul General at the City of Mexico to the Secretary of State.

No. 453.]

Sir: I have the honor to transmit herewith that part of the Diario Oficial of July 22, 1910, which gives the new order to the governors [Page 619] of the several States to permit the consul to visit a prisoner, even though he is “incomunicado.” The Department will appreciate the meaning of this order, because heretofore the law of Mexico has been that a prisoner shall be kept “incommunicado” 72 hours, without being allowed to see and talk with the consul, his family, friends, or lawyer.

I have [etc.],

Arnold Shanklin.

Circular Order to Governors of States.


The department of foreign affairs has addressed a communication to this department stating that in cases of incommunication of prisoners awaiting trial the judges, exercising the authority which the code of criminal procedure gives them, are inclined frequently to make the incommunication too strict and uselessly severe; and as such strict application of the law to foreigners may cause diplomatic claims to be made in their behalf, the department of foreign affairs urges that the governors of States recommend to the judges therein that as a general rule all prisoners held for trial, whether nationals or foreigners, when incommunicate, should be given every relief consistent with the object of the incommunication; that they should be allowed, where there is no reason against it, to communicate verbally or by writing with other persons; that if foreigners they should preferably communicate with the diplomatic and consular agents of the country to which they belong; and that in general the inconveniences and privations of prisoners should be reduced to what is strictly unavoidable.

I have the honor to communicate the foregoing to you for recommendation to the judges of the State which you worthily govern.


Liberty and Constitution.